Indictable Crime Panel and Youth Crime Subset Individual Entry Requirements

Victoria Legal Aid

Indictable Crime Panel and Youth Crime Subset individual entry requirements

Indictable Crime Panel and Youth Crime Subset individual entry requirements

This document outlines the requirements for private legal practitioners to be approved as Panel Certifiers on the section 29A Indictable Crime Panel and its Youth Crime Subset.

Practitioners must meet both the general individual entry requirements and the specific individual entry requirements to be approved as Panel Certifiers on the Indictable Crime Panel. Practitioners wishing to be able to certify legally aided youth crime matters must also meet the requirements for the Youth Crime Subset.

Firms employing the practitioner must meet the firm entry requirements. The Section 29A panels firm entry requirements can be found on the forms page of VLA’s website (

General individual entry requirements

These entry requirements must be read in conjunction with assessment guidelines (general individual requirements) on page 2, as the assessment guidelines expand on how Victoria Legal Aid will assess the practitioner’s ability to meet the requirements.

To be approved as a Panel Certifier the practitioner must meet the following requirements:

Practising certificate

G1The practitioner must:

aMaintain a current practising certificate without any condition or restriction that would limit the practitioner’s ability to provide legal aid services

bHave held an appropriate practising certificate for the full period of the recent practising experience disclosed on the application form

Misconduct

G2The practitioner must disclose:

aAny findings of professional misconduct or unsatisfactory professional conduct made by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal

bAny current or ongoing complaints or investigations into professional misconduct or unsatisfactory professional conduct being handled by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal

cAny findings of guilt for any criminal offences other than infringements

Engagement and interaction

G3The practitioner must conduct practice professionally and appropriately

Assessment guidelines (general individual entry requirements)

The assessment guidelines are a guide to how the general individual entry requirements will be assessed by Victoria Legal Aid.

Requirements are assessed as follows:

Practising certificate

G1The practitioner must:

aMaintain a current practising certificate without any condition or restriction that would limit the practitioner’s ability to provide legal aid services

Practitioner declaration.

bHave held an appropriate practising certificate for the full period of the recent practising experience disclosed on the application form

Practitioner declaration.

Misconduct

G2The practitioner must disclose:

aAny findings of professional misconduct or unsatisfactory professional conduct made by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal

Practitioner declaration. When assessing any finding VLA will consider whether the conduct:

indicates ‘a material risk of harm to [legal aid] consumers of legal services’
undermines VLA’s obligation in section 7(1)(a) of the Legal Aid Act 1978 to ensure that legal aid is provided in a manner which dispels fear and distrust.

VLA ‘may give consideration to the honesty, open candour and frankness demonstrated by [the] person in their disclosure’.

Practitioner declaration. When assessing any complaint or investigation VLA will consider whether the conduct:

indicates ‘a material risk of harm to [legal aid] consumers of legal services’
undermines VLA’s obligation in section 7(1)(a) of the Legal Aid Act 1978 to ensure that legal aid is provided in a manner which dispels fear and distrust.

VLA ‘may give consideration to the honesty, open candour and frankness demonstrated by [the] person in their disclosure’.

The application may not be processed until the matter has been determined.

cAny findings of guilt for any criminal offences other than infringements

Practitioner declaration. When assessing any finding VLA will consider whether the conduct:

indicates ‘a material risk of harm to [legal aid] consumers of legal services’
undermines VLA’s obligation in section 7(1)(a) of the Legal Aid Act 1978 to ensure that legal aid is provided in a manner which dispels fear and distrust.

VLA ‘may give consideration to the honesty, open candour and frankness demonstrated by [the] person in their disclosure’.

(Quoted material from the Legal Services Board’s RRP 017 Fit and Proper Person Policy – V2, Dec 2011.)

Engagement and interaction

G3The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLA Panel Selection Committee members’ personal knowledge of the applicant, stakeholder feedback, information from internal and/or publicly available records and any other matters deemed relevant.

Consideration will be given to the practitioner’s:

dealings with clients, other legal professionals, service providers, the judiciary and other relevant parties
complaints records
Compliance records, where relevant

previous dealings and relationship with VLA, where relevant.

Specific individual entry requirements for the Indictable Crime Panel

These entry requirements are divided into three pathways. The practitioner must choose one entry pathway and be able to meet all requirements for that pathway.

Only level one Panel Certifiers can be allocated grants of legal assistance for sexual offence matters.

These entry requirements must be read in conjunction with assessment guidelines (Indictable Crime Panel) on page5, as the assessment guidelines expand on how Victoria Legal Aid will assess the practitioner’s ability to meet the entry requirements and provide essential information to guide responses.

To be approved as a level one Panel Certifier, a practitioner must:

Entry pathway A

A1Have at least 5 years recent experience in criminal law

A2Submit 2 indictable files that have been legally finalised within the last 12 months. Files must:

ainclude at least one matter that involves a client in custody

binclude at least one matter that has been prepared for trial where the majority of charges are sexual offences

ceach be a different type of offence.

VLA reserves the right to request additional files for assessment

A3Submit 1 written outline describing the pre-trial preparation that the practitioner undertook as part of the file prepared for trial submitted for requirement A2b, and include:

the memorandum/brief to counsel for a significant appearance

if the practitioner personally appeared as counsel, the preparation and notes used for a significant appearance

A4Submit 1 sample of written or oral advocacy work completed by the practitioner as part of either of the files submitted for requirement A2, by means of:

1 sample of the practitioner’s written advocacy (e.g. written submissions, an application for a notice of discontinuance or defence response)

1 sample of the practitioner’s oral advocacy for a plea or bail application conducted in the County Court or Supreme Court (e.g. preparation and notes used for the appearance)

Entry pathway B

B1Be a LIV Accredited Specialist in criminal law

B2Submit 1 indictable file that has been legally finalised within the last 12 months

To be approved as a level two Panel Certifier, a practitioner must:

Entry pathway C

C1Have at least 2 years recent experience in criminal law

C2Submit 2 indictable files that have been legally finalised within the last 12 months. Files must:

ainclude at least one matter that involves a client in custody

binclude at least one matter that has been prepared for trial

ceach be a different type of offence.

VLA reserves the right to request additional files for assessment

C3Submit 1 written outline describing the pre-trial preparation that the practitioner undertook as part of the file prepared for trial submitted for requirement C2b, and include:

the memorandum/brief to counsel for a significant appearance

if the practitioner personally appeared as counsel, the preparation and notes used for a significant appearance

Assessment guidelines (Indictable Crime Panel individual entry requirements)

The assessment guidelines are a guide to how the Indictable Crime Panel individual entry requirements will be assessed by Victoria Legal Aid.

Requirements for level one are assessed as follows:

Entry pathway A

A1Have at least 5 years recent experience in criminal law

Practitioner declaration.

A2Submit 2 indictable files that have been legally finalised within the last 12 months. Files must:

ainclude at least one matter that involves a client in custody

binclude at least one matter that has been prepared for trial where the majority of charges are sexual offences

ceach be a different type of offence.

VLA reserves the right to request additional files for assessment

The practitioner must have had personal carriage of the matter.

Each file must be for different type of offence, and not include more than one from any of the following offence categories:

homicide
other offences of violence
drug offences
Commonwealth offences
theft or fraud offences
sexual offences
youth matters in the County Court or Supreme Court.

The matters must not have been heard summarily.

When assessing files VLA will look for:

evidence of client care, including assessment of other legal and non-legal problems, where appropriate, and any referrals made (e.g. a file note of conference with client or a letter confirming advice to client)
presence of all key documents
quality of work done
good file management.

A3Submit 1 written outline describing the pre-trial preparation that the practitioner undertook as part of the file prepared for trial submitted for requirement A2b, and include:

the memorandum/brief to counsel for a significant appearance

if the practitioner personally appeared as counsel, the preparation and notes used for a significant appearance

Written outlines of preparation should be approximately 250–750 words and show:

when and how the practitioner briefed
how the practitioner engaged with counsel throughout the matter
details of the conduct of client conferences, including when these happened
how the practitioner assessed the need for, and obtained, supporting material.

It should be possible to verify the information provided in the written outline on the file.

A copy of the memorandum/brief to counsel or preparation and notes must be marked and placed on top of the file when submitted to VLA or can be submitted electronically with the application form.

The matter may have been resolved before the trial.

Memorandums/briefs to counsel should show:

purpose of the brief
background of the matter
history of proceedings
client’s instructions
analysis of the issues involved (including evidentiary issues)
articulation of the defence and arguments used
summary of the client’s circumstances.

The practitioner’s preparation and notes for the appearance should show:

analysis of the issues involved (including evidentiary issues)
articulation of the defence/mitigating issues and the arguments used
any evidence led or cross-examination of witnesses
analysis of the client’s personal circumstances and their relevance to, or use in, the proceedings

Preparation and notes may include notes expanding on any written submissions or applications for notices of discontinuance.

Significant appearances include:

pleas in the County Court or Supreme Court
bail applications in the County Court or Supreme Court
contested summary jurisdiction applications
contested applications for leave to cross-examine witnesses
committal case conferences
committal hearings
trials
sentence indication hearings
appeals in the County Court or Supreme Court.

A4Submit 1 sample of written or oral advocacy work completed by the practitioner as part of either of the files submitted for requirement A2, by means of:

1 sample of the practitioner’s written advocacy (e.g. written submissions, an application for a notice of discontinuance or defence response)

1 sample of the practitioner’s oral advocacy for a plea or bail application conducted in the County Court or Supreme Court (e.g. preparation and notes used for the appearance)

Written advocacy should show:

analysis of the issues involved (including evidentiary issues)
summary of the client’s instructions
articulation of the defence/mitigating issues and the arguments used.

Oral advocacy should show:

analysis of the issues involved (including evidentiary issues)
any evidence led or cross examination of witnesses
articulation of the defence/mitigating issues and the arguments used

Entry pathway B

B1Be a LIV Accredited Specialist in criminal law

Practitioner declaration. VLA can seek confirmation from the Law Institute of Victoria, where necessary.

B2Submit 1 indictable file that has been legally finalised within the last 12 months

The practitioner must have had personal carriage of the matter.

When assessing files VLA will look for:

evidence of client care, including assessment of other legal and non-legal problems, where relevant, and any referrals made (e.g. a file note of conference with client or a letter confirming advice to client)
presence of all key documents
quality of work done
good file management.

Requirements for level two are assessed as follows:

Entry pathway C

C1Have at least 2 years recent experience in criminal law

Practitioner declaration.

C2Submit 2 indictable files that have been legally finalised within the last 12 months. Files must:

ainclude at least one matter that involves a client in custody

binclude at least one matter that has been prepared for trial

ceach be a different type of offence.

VLA reserves the right to request additional files for assessment

The practitioner must have had personal carriage of the matter.

Each file must be for different type of offence, and not include more than one from any of the following categories:

homicide
other offences of violence
drug offences
Commonwealth offences
theft or fraud offences
sexual offences
youth matters in the County Court or Supreme Court.

The matters must not have been heard summarily.

When assessing files VLA will look for:

evidence of client care, including assessment of other legal and non-legal problems, where relevant, and any referrals made (e.g. a file note of conference with client or a letter confirming advice to client)
presence of all key documents
quality of work done
good file management.

C3Submit 1 written outline describing the pre-trial preparation that the practitioner undertook as part of the file prepared for trial submitted for requirement C2b, and include:

the memorandum/brief to counsel for a significant appearance

if the practitioner personally appeared as counsel, the preparation and notes used for a significant appearance

Written outlines of preparation should be approximately 250–750 words and show:

when and how the practitioner briefed
how the practitioner engaged with counsel throughout the matter
details of the conduct of client conferences, including when these happened
how the practitioner assessed the need for, and obtained, supporting material

It should be possible to verify the information provided in the written outline on the file.

A copy of the memorandum/brief to counsel or preparation and notes must be marked and placed on top of the file when submitted to VLA or can be submitted electronically with the application form.

The matter may have been resolved before the trial.

Memorandums/briefs to counsel should show:

purpose of the brief
background of the matter
history of proceedings
client’s instructions
analysis of the issues involved (including evidentiary issues)
articulation of the defence/mitigating issues and arguments used
summary of the client’s circumstances.

The practitioner’s preparation and notes for the appearance should show:

analysis of the issues involved (including evidentiary issues)
articulation of the defence/mitigating issues and the arguments used
any evidence led or cross-examination of witnesses
analysis of the client’s personal circumstances and their relevance to, or use in, the proceedings

Preparation and notes may include notes expanding on any written submissions or applications for notices of discontinuance.

Significant appearances include:

pleas in the County Court or Supreme Court
bail applications in the County Court or Supreme Court
contested summary jurisdiction applications
contested applications for leave to cross-examine witnesses
committal case conferences
committal hearings
trials
sentence indication hearings
appeals in the County Court or Supreme Court.

Youth CrimeSubset individual entry requirements

To be approved as a Panel Certifier on the Youth Crime Subset, the practitioner must meet the entry requirements for the main panel and for the subset.

Victoria Legal Aid reserves the right to request additional sample files for assessment.

To be approved as a Panel Certifier on the Youth Crime Subset a practitioner must:

Entry pathway A

A1Have attended VLA-approved professional development covering:

interviewing children
ethical issues specific to children
criminal procedure specific to children
sentencing and other legal principles specific to children

A2Submit 2 youth crime files that have beenlegally finalised within the last 12 months, at least one of which must be a matter where the client is also involved in child protection proceedings or is on a current child protection order.

The practitioner does not need to have had carriage of the child protection proceedings.

One of the files may be one of the files submitted for the main panel

Entry pathway B

B1Be a LIV Accredited Specialist in children’s law

B2Submit 1 youth crime file that has beenlegally finalised within the last 12 months, where the client is also involved in child protection proceedings or is on a current child protection order.

The practitioner does not need to have had carriage of the child protection proceedings.

The file may be one of the files submitted for the main panel